Authorized Wiretap Ruled Illegal

March 23, 1986|United Press International

TAVARES — A circuit judge ruled a all evidence collected from a wiretap he permitted on a suspected sports gambling operation was not admissible because he did not follow state law when he authorized the tap.

Chief Judge Ernest Aulls, of the 5th Circuit Court, gave investigators with the state Division of Alcoholic Beverages and Tobacco permission to tap the telephone line of a Eustis man without first getting authorization from the state attorney`s office.

Florida law states only 22 people - the governor, attorney general or a state attorney - may apply for and receive authorization from a judge to allow a law enforcement agency to wiretap a telephone.

Aulls declined comment on his authorization and de-authorization of the wiretap Friday.

The wiretapping went on for about a week in mid-December last year before Aulls ordered it stopped, said Capt. Jack Wallace of the Division of Alcoholic Beverages and Tobacco. The telephone tapped was that of Joseph Phillip Guzzo, of Eustis, Wallace said. Guzzo is charged with 12 counts of taking bets on football games.

State Attorney Ray Gill said when his office learned of the illegal tap, Aulls ordered it stopped immediately and sealed all information gathered.

``No part of it (the information) is to be used in any proceeding whatsoever,`` Gill said.

Three people have been charged with bookmaking as a result of the four- month investigation that began in October 1985. Authorities said as much as $250,000 was bet on college and professional football games during the probe.

Wallace said his office plans to file liquor law violations that could result in the revocation of at least three Lake County liquor licenses. He said the licensees allowed illegal gambling at their businesses. He would not identify which businesses were involved.

Wallace said he was ``disappointed`` about the problem with the wiretap.

``Had the wiretapping been allowed to continue, there`s no telling where the investigation may have gone,`` Wallace said.